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HENRY OKAH'S ACCOMPLICE GETS LIFE SENTENCE

A Federal High Court sitting in Abuja on
Friday sentenced Mr. Edmund Ebiware to life imprisonment after finding
him guilty of having prior knowledge of the October 1, 2010 bomb blast
near the Eagle Square, in Abuja. He was also convicted for failing to
take any action to prevent it.

A South African court had earlier on
Monday found former leader of the Movement for the Emancipation of the
Niger Delta, Mr. Henry Okah, guilty of masterminding the bomb blast.

Ebiware, a graduate of philosophy from
Delta State University, Abraka, was, alongside Charles Okah, the younger
brother of the former MEND leader; Obi Nwabueze; and Tiemkemfa Osuvwo,
who died in prison custody in the course of the trial, charged over the
Independence Day bomb blast.Continue to see pictures of his struggle with the prison guards

The blast had occurred as President
Goodluck Jonathan and several dignitaries, including presidents of some
African countries, were celebrating Nigeria’s 50th anniversary at the
Eagle Square.

Twelve persons, including security agents, died in the incident, while several others sustained injuries.

The accused persons had denied the
charge, but Okah and Nwabueze filed an interlocutory appeal against
their trial at the Court of Appeal while Ebiware applied to be tried
separately.

As a result, his trial lasted from June
19, 2012 to November 12, 2012, after which the court adjourned till
Friday to deliver its judgment.

The Federal Government, which charged
him to court through prosecution counsel, Mr. Alex Izinyon, SAN, held
that Ebiware’s failure to disclose the information was an offence under
Section 40 (b) of the Criminal Code Act, CAP C38, Laws of the Federation
2004, which carries a maximum punishment of life imprisonment.

Ebiware, through his counsel, Mr. Goddy Uche, insisted that he was innocent of the charges.

However, the prosecution called six
witnesses, including officers of the State Security Service and a former
Special Adviser to the President on Niger Delta, Mr. Timi Alaibe, all
of whom testified that Ebiware had prior knowledge of Okah’s plans to
set off a bomb in Abuja on October 1, 2010, and failed to disclose the
information to relevant authorities.

The accused person had claimed that he
had never met Okah personally, although he admitted that he had a series
of telephone conversations with the ex-militant leader.

The prosecution’s claim that Ebiware had
prior knowledge of Okah’s plot to bomb Abuja on October 1, 2010, was
based on initial statements where he (Ebiware) admitted to SSS
investigators that Okah, during a telephone conversation, informed him
of the plan.

Although Ebiware said he was not a
member of any militant group, Alaibe told the court that the accused was
associated with one of the militant camps in Delta State. He said that
at a point, he had to caution him (Ebiware) for dabbling into the issue
of zoning when the matter became a national debate in the build-up to
the 2011 presidential election.

In his testimony before the court,
Ebiware said he was involved in the disarmament process during the
implementation of the amnesty scheme, adding that he never met Okah in
person.

He also claimed to be a government
informant, saying that the alleged role was the reason Okah subsequently
started threatening his life through text messages.

However, Ebiware’s case was bungled by
his inability to tender any of the said threat messages from Okah as
evidence before the court.

Summing up the proceedings in the trial,
Justice Gabriel, Kolawole, said, “I doubt if DW1 (Ebiware) is a witness
of truth; the statements of DW1 were not substantiated with any
evidence.

“The pieces of jig-saw which DW1 has been trying to fix together do not make any sense.

“The question is: if the accused person was aware of the intention of Mr. Henry Okah to commit treason, what did he do?”

He noted that the judgment was hinged on
three issues – whether there was evidence that Ebiware was in touch
with Okah before the bomb blast, if there was evidence that he had prior
knowledge of the bomb blast; and if there was evidence that the accused
did not take any action to prevent it.

Concluding, Kolawole said, “My view is
that the prosecution proved the charge against the accused person beyond
reasonable doubt. The accused person is hereby found guilty as
charged.”

The defence counsel pleaded for a
lenient sentence, drawing attention to Ebiware’s age (he is less than 35
years), his young wife and two little kids, as well as the fact that it
was his belief in his innocence that prompted him to apply to be tried
separately and speedily.

Although he said he was “deeply touched”
by Ebiware’s situation, Kolawole pronounced the maximum punishment on
him, noting, “If and only if the convict had reported knowledge of the
attack to the concerned persons, maybe the victims (of the October 1,
2010 bomb blast) would still be alive.”

“The convict is sentenced to life imprisonment,” he stated, adding that the sentence should count from October 3, 2010.

He also ordered that should Ebiware show
evidence of good conduct while in prison, he would be eligible for
presidential parole after 32 years into the sentence.

Ebiware, dressed in a white flowing
gown, was noticeably agitated throughout the judgment, which was
attended by his wife, a brother and some other relatives and friends.

A security scare occurred after the
court session, when Ebiware, who was shouting “I’m an innocent man, I’m
an innocent man,” was approached by journalists for an interview.

Some heavily armed riot policemen
immediately rushed to prevent the event, and in the process tried to
push the convict towards the lift.

Ebiware resisted vehemently, lashing out with his head at the security agents, who pushed and shoved him down the stairs.

The situation was so tens that employees of the FHC, lawyers and journalists fled the scene to avoid possible stray bullets.

Ebiware’s lawyer, Uche, told journalists afterwards that they would appeal the judgment.-punch